Scared out of my wits f.t.c total credit management

why?_3

Hi all,

In short got into a mess, trying my best to sort it out. Most dcas are being pleasant to deal with my capital one debt has been handed over to f.t.c / total credit management who are not being nice to deal with at all.

I wrote to them recorded delivery 9-9-2010, sent them a budjet sheet an explanation of my situation and a monthly offer with a cheque for that amount.

They replied letter dated 14-9-2010 saying thank you for your letter the contents of which have been recorded.

I waited .... today (4th-10) I get a letter saying if we do not hear from you by the 1st-10 then an agent will be despathced to your address.

I was shocked by this as I was going to send them the same letters that I sent them near the beginning of September and ask them for a decision.

I just telephoned and had a very rude guy who kept cutting me off and telling me that the offer wasnt good enough and I had to pay £46.80 today or they were passing the account back to capital one. I said I couldnt as I cant do it I dont have that money spare.

He kept going on about how the offer was me just trying to buy time and I should have made contact with them sooner if I wanted to get this sorted which I obviously dont, I ended up looking a right fool as burst into tears on the phone and he just huffed and huffed at me.

I dont know what to do, if it gets passed back to capital one they will probably take me to court for the full amount as thats what I was just told and when I asked what would happen as I couldnt pay the full amount he just said you will have to wait and see. I told him I thought they were being unreasonable and he thought I was too as I wouldnt just pay.
Its not a case of wont its cant.
I dont fully understand everything but I thought I was doing thngs right and Im obviously doing it all very very wrong, feel so low right now, can barely see the keyboard through my tears. What an idiot!:o

king100

How long have you had the credit card for?

Have you SARd them to see if they have a valid CCA?

why?_3

Capital one sent me a reconstituted credit agreement, I was stuck for help at the time and didnt seem to be getting anywhere with the debt or UN so tried to come to arrangements with them all.

I didnt understand what implications a reconstituted credit agreement would mean and I have had the card for 6 years.

Thanks

annibee

I am sending big hugs!!!!! Someone will prob come give you some much better advice but i would write letter detailing call and how he said it wasnt enough and still offer them same...include a cheque they wont say no when its in their hands will they!!

Try not to be too upset this will be sorted honestly i promise it will turn out ok xx

king100

why? wrote: »

Capital one sent me a reconstituted credit agreement, I was stuck for help at the time and didnt seem to be getting anywhere with the debt or UN so tried to come to arrangements with them all.

I didnt understand what implications a reconstituted credit agreement would mean and I have had the card for 6 years.

Thanks

Have they provided you with the valid CCA with your signature on it?

why?_3

Just looked for it and yeah there is a half page photocopy with my signature on it, so they can do what they like I guess.

king100

why? wrote: »

Just looked for it and yeah there is a half page photocopy with my signature on it, so they can do what they like I guess.

No they cant it must be valid CCA?

They must have certain details on the agreement for it to be valid.

Along the lines as the APR per year that you pay, and many more.

Head over to CAG and post on DCA board they will need a scan of your agreement and someone will be able to help you whether it is valid or not.

king100

why? wrote: »

Just looked for it and yeah there is a half page photocopy with my signature on it, so they can do what they like I guess.

Half page photocopy doesnt mean squat.

PARIS_5000

The first thing that you need to do is check that the CCA is vaild and enforceable before you make anymore contact with the DCA.

I would not worry about them sending someone to your house because that is just a threat and if they do send someone to your house then call the police because they have no legal right to be on your property uninvited.

The worst that will happen if they take you to court is they will get a CCJ if you admit the debt or if their CCA is vaild. However the judge will only make you pay what you can afford so if your budget sheet shows that you can only paid one pound for example then that is all that you will pay.


Good luck

winner12

Hi
I have a few threads on here ref Capital One they are a real pain they will probably bounce you around a few DCA thats whats happening with me at the mo just had a letter form Credit Solutions so will be doing another letter to them

saltnvinegar

Hi

First of all a huge well done for tackling your debts, especially on your own, I know that cannot be easy.

If its the same F.T.C. we are talking about are you referring to Capquest?

If so then this particular DCA are not the nicest bunch in the world and you have learned lesson #1 of dealing with DCA's which is do not speak to them on the phone.

Unfortunately your experience is the reason why you should never call them. Their job is to make you feel worthless and bully you into agreeing something you shouldn't.

They will say things on the phone that they would never dare to commit to in writing.

The important thing now is to stick to your guns and your payment plan and keep writing them those letters.

As they are threatening to send a doorstep collector send them the following letter:

TEMPLATE LETTER

Dear xxxxxx

Account Number xxxxxx

Please be advised that I will only communicate with you in writing.

Should it be your intention to arrange a “doorstep call”, please be advised that under OFT rules, you can only visit me at my home if you make an appointment and I have no wish to make an appointment with you.

There is only an implied license under English Common Law for people to be able to visit me on my property without express permission; the postman and people asking for directions etc (Armstrong v. Sheppard and Short Ltd [1959] 2 Q.B. per Lord Evershed M.R.).

Therefore take note that I revoke license under Common Law for you, or your representatives to visit me at my property and if you do so, then you will be liable to damages for a tort of trespass and action will be taken, including but not limited to, police attendance

Regards

DIGITALLY SIGN

END OF TEMPLATE LETTER

They may have used the word 'bailliff' on the phone. Don't be worried by this. There is a huge difference between a bailliff and a doorstep collector. A bailliff can only be appointed if they have successfully obtained a court order against you which you have then default on.

Doorstep collectors have as much legal powers as a rabid guinea pig and should be treated as such. If (read highly unlikely) one does turn up politely tell them to take a hike and call the police. Do not let them into your home, they have no right of entry, they have no right to take property, they have no right to do anything - PERIOD!

But Capquest like you to think otherwise.

They have done their job well, they have managed to drive you to tears, but this is the only power they have over you, and the one they use to get you to pay more than you can afford.

You're not going to let them do that to you are you?

You're handling things really well. Don't let this bunch of lowlifes let you doubt yourself or get you down.

From this point forward keep everything in writing, and keep making your offer (and in fact ask them for the bank account details to set up a standing order. If they refuse to divulge this then it is them refusing to accept any payment which is a breach of OFT guidelines).

If (again read highly unlikely) they were to take you to court, then you can demonstrate that you have been doing everything you can to be reasonable and get this sorted and it is they who have been obstructive.

You can imagine how that will be received by a Judge.

Keep plugging away and you will get there.

Best
SnV

why? wrote: »

Hi all,

In short got into a mess, trying my best to sort it out. Most dcas are being pleasant to deal with my capital one debt has been handed over to f.t.c / total credit management who are not being nice to deal with at all.

I wrote to them recorded delivery 9-9-2010, sent them a budjet sheet an explanation of my situation and a monthly offer with a cheque for that amount.

They replied letter dated 14-9-2010 saying thank you for your letter the contents of which have been recorded.

I waited .... today (4th-10) I get a letter saying if we do not hear from you by the 1st-10 then an agent will be despathced to your address.

I was shocked by this as I was going to send them the same letters that I sent them near the beginning of September and ask them for a decision.

I just telephoned and had a very rude guy who kept cutting me off and telling me that the offer wasnt good enough and I had to pay £46.80 today or they were passing the account back to capital one. I said I couldnt as I cant do it I dont have that money spare.

He kept going on about how the offer was me just trying to buy time and I should have made contact with them sooner if I wanted to get this sorted which I obviously dont, I ended up looking a right fool as burst into tears on the phone and he just huffed and huffed at me.

I dont know what to do, if it gets passed back to capital one they will probably take me to court for the full amount as thats what I was just told and when I asked what would happen as I couldnt pay the full amount he just said you will have to wait and see. I told him I thought they were being unreasonable and he thought I was too as I wouldnt just pay.
Its not a case of wont its cant.
I dont fully understand everything but I thought I was doing thngs right and Im obviously doing it all very very wrong, feel so low right now, can barely see the keyboard through my tears. What an idiot!:o